SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar

  • July 30, 2024
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar

Subject: Polity

Sec: Constitution

Context:

The Supreme Court refused to order interim stay of a Patna High Court decision  quashing reservation up to 65% for Backward Classes, Extremely Backward Classes, Scheduled Castes and Scheduled Tribes in public employment and institutions

More on News:

  • The High Court had concluded that stretching quota from 50% to 65% in government jobs and educational institutions, leaving only 35%, for merit was violative of the right to equal opportunity for citizens.
  • The High Court had set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023 and The Bihar (In admission in Educational Institutions) Reservation (Amendment) Act, 2023 as ultra vires the constitution and violative of equality clause under Articles 14, 15 and 16 of the Constitution.

Bihar Reservation Laws:

  • These laws are the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Amendment Act-2023 and the Bihar (in admission in educational institutions) Reservation Amendment Act, 2023.
  • Under the amended Act, there will be a total of 65% reservation in both the cases, including 20% for Scheduled Castes, 2% for Scheduled Tribes,18% for Backward Classes and 25% for Extremely Backward Classes.
  • Apart from this, EWS (people from economically weaker general category) already approved under the Central Act will continue to get 10 % reservation.

Reservation:

  • Reservation is a form of positive discrimination, created to promote equality among marginalised sections and to protect them from social and historical injustice.
  • It gives preferential treatment to marginalised sections of society in employment and access to education.
  • It was also originally developed to correct years of discrimination and to give a boost to disadvantaged groups.

Constitutional Provisions Related to Reservations in India:

  • Part XVI of the Constitution of India deals with the reservation of SC and ST in Central and State legislatures.
  • Right to equality (Articles 14–18)
  • Article 15 of the Constitution empowers the State to make the following provisions:
    • Article 15(3)provides special provision for women and children.
    • Article 15(4) and Article 15(5)provides special provision for the advancement of any socially and educationally backward classes of citizens or for the SCs and the STs, including their admission to educational institutions, including private ones.
  • Article 15(6)provides special provisions for the advancement of  Economically Weaker Sections (EWS) any of citizens other than the classes mentioned in clauses (4) and (5).
  • Article 16 provides for the grounds of positive discrimination or Reservation in government jobs.
    • Article 16(4)provides for the reservation of appointments or posts in favour of any backward class of citizens.
    • Article 16(4A)provides for reservation in promotion for Scheduled Castes and Scheduled Tribes.
      • The Constitution was amended by the Constitution (77thAmendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.
      • Later, 16(4A)was modified by the Constitution (85th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.
    • Article 16 (4B)allows states to consider unfilled reserved vacancies from a previous year meant for SCs and STs.
      • It was inserted by the 81stConstitutional Amendment Act, 2000.
    • Article 16(6)provides for the reservation of appointments or posts in favour of any Economically Weaker Sections (EWS).
  • Article 233Tprovides reservation of seats for SCs and STs in every Municipality.
  • Article 243Dprovides reservation of seats for SCs and STs in every Panchayat.
  • Article 335of the constitution says that the claims of STs and STs shall be taken into consideration consistently with the maintenance of efficacy of the administration.
  • Articles 330and 332 provide for specific representation through the reservation of seats for SCs and STs in the Parliament and State Legislative Assemblies
Polity SC declines to grant interim stay of Patna HC decision quashing 65% quota in Bihar